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  #1  
Old 11-17-2005, 11:42 AM
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Join Date: Nov 2005
Location: Tennessee
Posts: 8

Collection while deployed with AF


What is the name of your state? Kentucky
My son is on active duty in Baghdad and he was in default on a students loan before he left. He won't return until May 2006. I have been receiving phone calls from a third party collection agency regarding the loan. I called them after receiving a letter (dated 10/31) addressed to my son, age 28, with our home address. He hasn't lived at home for 10 years and we've moved since then. I am not his power of attorney, so I cannot get any information in repaying this loan without his signature. The collection agency says I need this taken care of by Friday (although the letter stated 30 days before any action would be taken). Now he tells me that part of the Uniformed Military Code will get Matt into huge trouble if this is not taken care of by Nov. 18
934. ART. 134. GENERAL ARTICLE
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

Am I unnecessarily being pushed to act quickly this third-party collector?
Thanks!
  #2  
Old 11-17-2005, 01:56 PM
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Join Date: Oct 2005
Location: Arizona
Posts: 164
Actually with your son being deployed he falls under the solider salior relief act. I am not sure the legal meaning of everything when it comes to collections but when I was married to my ex husband and he was deployed to kosovo he was in default on something (previous to marriage) and they couldn't do anything in regards to it until he returned from his deployment due to that act.

I would look it up and see exactly what it says for you or maybe someone here could help you furture. Maybe post it in the military section
  #3  
Old 11-17-2005, 11:45 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Soldiers and Sailors Civil Relief Act should slow things down.

[url]http://www.dod.mil/specials/Relief_Act_Revision/[/url]


Don't believe anything a collection agency says .. they LIE !!
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  #4  
Old 11-18-2005, 07:15 PM
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Join Date: Jul 2005
Location: Missouri
Posts: 3,808
Quote:
Originally Posted by mommyto4
Actually with your son being deployed he falls under the solider salior relief act. I am not sure the legal meaning of everything when it comes to collections but when I was married to my ex husband and he was deployed to kosovo he was in default on something (previous to marriage) and they couldn't do anything in regards to it until he returned from his deployment due to that act.

I would look it up and see exactly what it says for you or maybe someone here could help you furture. Maybe post it in the military section
The Servicemember's Relief Act specifically forbids foreclosure -- but does not stop accounts from going to collections. It does restrict interest to 6%. However, he has to notify the creditors prior to leaving.

Now, if they are talking to you about the debt, the CA already violated the FDCPA. Tell them you are taping the call and discuss it with them -- then give you son the tapes when he gets back.

DC

**never type when tired**
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Last edited by debtcollector`; 11-19-2005 at 08:26 AM.
  #5  
Old 11-19-2005, 01:38 AM
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Join Date: Oct 2004
Location: Phoenix, AZ.
Posts: 3,079
Ah yes... the good ol' collection agencies and their Lies...

Never ceases to amaze me with all the whoppers they come up with///
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The landlord should not only be allowed to turn off the water, but he should also be allowed to throw OP into the street.
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